Supreme Court Won't Revisit Boy Scouts' Ban on Gays
Mon Mar 8,10:55 AM ET
By James Vicini
WASHINGTON (Reuters) - The U.S. Supreme Court (news - web sites) allowed Connecticut on Monday to remove the Boy
Scouts from a list of charities that receive contributions from state workers because the group excludes gays.
Without comment, the high court rejected an appeal by the Boy Scouts arguing the removal violated its constitutional
right to freedom of association and was discrimination based on its viewpoint.
A U.S. appeals court ruled that removing the Boy Scouts from a state workplace charity drive did not violate its
right to expressive association under the First Amendment. The group had participated in the campaign for 30 years.
The Connecticut State Employee Campaign Committee removed the Boy Scouts from its list of eligible charities in
2000 after the state's human rights commission said the ban on gays violated state anti-discrimination and gay
Under a policy followed for more than 20 years, the Boy Scouts do not employ "known or avowed homosexuals
as commissioned professional scouters or in other capacities" because "such employment would interfere
scouting's mission of transmitting values to youth."
The Boy Scouts, founded in 1910 and based in Irving, Texas, refuse to register "known or avowed homosexuals
as adult volunteer leaders or youth members."
The group, which also does not accept atheists or agnostics, says it has the right to decide who can join.
The Supreme Court ruled in 2000 by a 5-4 vote that the Boy Scouts may exclude gays on the grounds the private group
has the right to set its own moral code and espouse its own viewpoint.
More than 2.5 million youth members and 1 million adult members are active in its Boy Scouts, Cub Scouts and other
The Connecticut workplace charity campaign lasts from September to November each year and allows state employees
to make voluntary donations through a payroll deduction plan.
The campaign allows donations to more than 900 charities, including religious and advocacy groups, the Girl Scouts
and gay rights groups.
The New York-based appeals court ruled the Boy Scouts failed to prove Connecticut applied the state's gay rights
law in a discriminatory manner.
The Boy Scouts appealed to the Supreme Court.
It said the ruling was part of a growing pattern of decisions and state actions that have excluded the Boy Scouts
and traditional religious groups from government programs because of their views and membership requirements involving
"religious belief, morality and sexual conduct."
Five states -- Alabama, Idaho, South Dakota, Utah and Virginia -- supported the appeal, as did various religious
groups and the American Legion, the nation's largest veterans organization.
Lawyers for Connecticut argued that further review of the case was unnecessary and there was no factual basis for
the claim by the Boy Scouts of viewpoint discrimination.